[2023] KEHC 20102 (KLR)
The court certified the application as urgent and issued procedural directions for service of the application on the respondent, filing of a response, and transmission of the lower court file. The substantive question of bail pending appeal was not determined at this stage; instead, the court set a timetable for the...
Source-derived case information.
- Citation
- [2023] KEHC 20102 (KLR)
- Parties
- Applicant: Fanuel Murundo Elija; Applicant: Patrick Muriuki Karuga; Applicant: Denison Ndung’u Mwaura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E196 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Interlocutory Application for Bail Pending Appeal
- Outcome
- Application certified urgent; procedural directions issued; no final determination on bail pending appeal.
- Judges
- DR Kavedza
- Legal Topics
- Bail Pending Appeal, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fanuel Murundo Elija
Applicant
Patrick Muriuki Karuga
Applicant
Denison Ndung’u Mwaura
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Interlocutory Application for Bail Pending Appeal
Legal Issues
- 1 Whether the applicants should be admitted to bail pending the hearing and determination of the criminal appeal.
Ratio Decidendi
The court certified the application as urgent and issued procedural directions for service of the application on the respondent, filing of a response, and transmission of the lower court file. The substantive question of bail pending appeal was not determined at this stage; instead, the court set a timetable for the parties to address the application and for the matter to be mentioned for further directions.
Court Disposition
Application certified urgent; procedural directions issued; no final determination on bail pending appeal.
Orders
- The matter is certified urgent.
- The application and order of this court to be served upon the respondent within 7 days and not later than 25/7/2023.
Full Case Text
Judgment text and source record
21 paragraphs
Elija & 2 others v Republic (Criminal Appeal E196 of 2023) [2023] KEHC 20102 (KLR) (Crim) (18 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20102 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Appeal E196 of 2023
DR Kavedza, J
July 18, 2023
Between
Fanuel Murundo Elija
1st Applicant
Patrick Muriuki Karuga
2nd Applicant
Denison Ndung’u Mwaura
3rd Applicant
and
Republic
Respondent
Ruling
1. I have gone through the Notice of Motion application dated July 11, 2023 filed under certificate of urgency and the supporting affidavit of Stanley Kang’ahi, advocate of the applicant, of even date seeking orders, inter alia, that the applicants be admitted to bail pending hearing and determination of the appeal, and issue the following orders:1. That the matter is certified urgent.2. That the application and order of this court be served upon the respondent within 7 days and not later than 25/7/2023. 3.That upon service, the respondent to file a response within 14 days, and not later than 2/8/2023. 4.That the lower court file to be typed within 60 days and the same to be transmitted to the High Court not later than 20/9/2023. 5.That this matter be mentioned on 26/9/2023 for directions.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 18TH DAY OF JULY 2023. ................................................D. KAVEDZAJUDGE